Discovery operates through depositions, interrogatories, and document production
Evidence
Lawyers employ three tools during discovery: depositions, interrogatories, and the production of documents and other physical evidence. A deposition involves oral questioning of a witness under trial-like conditions. Attorneys for both sides question and cross-examine witnesses, and their answers are recorded. This testimony may later be introduced at trial, and an alert attorney will pounce on any discrepancies between what a witness says at trial and what he said when he was deposed. An interrogatory consists of a set of written questions directed to a party in a case, to which written answers are prepared and signed under oath. A party to a case may also be required, during discovery, to produce documents or objects for the other party to inspect, photograph, or copy and to permit access to its premises and its files for these purposes. In addition, the plaintiff in a personal injury case may be required to undergo a physical examination by a physician chosen by the defendant or by the court to substantiate an injury claim. Should a party object to questions or to other requests for information or materials, a judge determines whether the requests are legitimate. — G. Alan Tarr, Judicial Process and Judicial…, 1081
Categorization
- DEFINE: Provides precise definitions of the three core discovery tools (deposition, interrogatory, production) plus physical examination.
- XREF: connects to: Discovery in complex cases can generate tens of millions of documents.; Discovery in complex cases can consume massive time and expense. — G. Alan Tarr, Judicial Process and Judicial…, 2230; Complex-case discovery can generate tens of millions of document pages — G. Alan Tarr, Judicial Process and Judicial…, 1082
Broader Connections
- Discovery in complex cases can generate tens of millions of documents.
#expands(0.78) - Complex-case discovery can generate tens of millions of document pages
#expands(0.76) — G. Alan Tarr, Judicial Process and Judicial…, 1082 - Discovery in complex cases can consume massive time and expense.
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2230